Odisha
Bargarh, Sonepur, Jharsuguda, Subarnapur
,
Hirakud
,
Sambalpur
Published :
Jan 2017
|
Updated :
Hirakud Dam oustees await rehabilitation and compensation
Reported by
Sandeep Pattnaik
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
47582
People affected
1957
Year started
74059
Land area affected
Households affected
47582
People Affected
1957
Year started
74059
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Multipurpose Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Multipurpose Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

The Hirakud Dam in Odisha is the first major multipurpose river valley project in India. The dam was proposed to be built on the Mahanadi river, 15 km from Sambalpur, in 1946 to provide water for irrigation and power generation and to control flooding. Despite there being mass agitations against the proposed dam in 1945, the late Prime Minister of India, Jawaharlal Nehru officially inaugurated the dam on January 13, 1957. The feasibility report estimated that 168 villages would be submerged covering 1,35,000 acres of land under the Hirakud dam reservoir. However, contrary to the report, postconstruction, the number proved to be significantly higher. It submerged 325 villages covering 1,83,000 acres of land, displacing about 26,501 families (approximately 1,00,000 people). Several displaced families are yet to receive the promised land and compensation. For many among those who received compensation from the government, the amount was deemed to be insufficient as per the market rate. Since 1995, time and again, the displaced people have organised themselves under the aegis of Hirakud Budi Anchal Sangram Samiti, demanding for adequate compensation and rehabilitation. The resistance to Hirakud dam has also been emboldened on the ground due to the consistently underwhelming performance of the dam. The dam had four main objectives – ood management, hydropower production, irrigation and navigation, and in all four criteria, the performance has reportedly not been up to the mark. Over the years, for many displaced and project affected their grievances have compounded. Resistance, at the grassroots level has also carried on. In 2018, The National Human Rights Commission ,acting on a petition filed by lawyer Radhakanta Tripathy, deployed its special rapporteur to investigate the failure of the rehabilitation of around 26,000 displaced individuals. Recently, in March 2021, NHRC directed the Chief Secretaries of both Odisha and Chhattisgarh to submit an Action Taken Report on the mitigation of problems with regards to oustees by April. Further, Gopinath Majhi, noted activist and long time associate of Hirakud Bhudianchal Sangharsh Samiti, informed LCW that the movement on ground continues to be steady, albeit slow at present due to the pandemic and the consequent lockdown. He further communicated that, in a recent development, land pattas for homestead land for 10,000 families which had been pending since 2002, were finally granted in 2021, after talks held with the government in 2020.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for promised compensation

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Both

Forest and Non-Forest, Non-Forest (Grazing Land), Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

100

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Government of Odisha

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

The Hirakhand Nagarik Parishad (HKNP), Budi Anchal Sangram Samiti (BASS)

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Sandeep Pattnaik

Sandeep is a researcher and journalist based in Bhubaneshwar. He was part of the Human Rights Advocacy Programme at the Centre for the Study of Human Rights, Columbia University, New York, in 2007. Currently, he is a member of the steering committee of the International Campaign for the Ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for promised compensation

Demand for rehabilitation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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